Wills Attorney in Honolulu
We draft and update wills for clients throughout Hawaii entirely by phone and video, so a document that has to hold up in a Hawaii court never waits on you finding time to sit in an office.
What Makes a Will Valid in Hawaii?
Hawaiʻi, sets a short, specific list of requirements. A will has to be in writing, signed by you, and signed by at least two witnesses. You need to be at least 18 and of sound mind. That is the whole legal test, and it is also where homemade documents most often fail, usually because a witness signed in the wrong place or was never actually present.
Notarization is not on that list. Hawaiʻi, does not require a will to be notarized to be valid. What a notary does is make the will self-proving, which means the witnesses will not have to be located and asked to testify years later when the will is presented to the court. We build every will we draft to be self-proving, because it costs nothing extra and removes a real obstacle from your family's path.
Hawaiʻi, also allows a handwritten will with no witnesses at all, as long as the signature and the substance are in your own handwriting. It is legal. It is also the version most likely to be challenged, because there is no one to confirm you wrote it freely and understood what you were signing.
Is Your Mainland Will Still Valid in Hawaii?
Usually, yes. Hawaiʻi, recognizes a will that was properly executed under the law of the state where you signed it or the state where you were living at the time. Moving to Hawaiʻi, does not automatically void the will you signed in New Jersey or Illinois.
That does not mean it still does what you want. The problems we see with mainland wills are almost never validity problems. They are the executor who now lives 5,000 miles away, the Hawaiʻi, condo bought after the will was signed and never addressed, the guardian named for children who are now adults, and the spouse or beneficiary whose situation has changed. A will that is technically enforceable can still produce a result you would never have chosen.
We review out-of-state wills for Hawaiʻi, clients and tell you plainly which of three things you need: nothing, an amendment, or a fresh document. Sometimes the answer really is nothing.
What We Handle for Honolulu Will Clients
- Drafting a new last will and testament under Hawaiʻi, law, executed as a self-proving will
- Reviewing a mainland or out-of-state will and confirming whether it still holds up and still fits
- Naming guardians for minor children and structuring how and when they inherit
- Pour-over wills that work alongside a revocable trust so nothing is left outside the plan
- Naming and preparing an executor, including executors who live outside Hawaiʻi,
- Coordinating a will with Hawaiʻi, real property and with assets you hold in other states
If a trust would serve you better than a will alone, we will say so. Our Honolulu trusts page covers when that is the case, and our broader wills and trusts comparison walks through the difference in full.
Writing Your Will Without Leaving Home
Step 1: A conversation, not an intake form
We start with a call or video meeting. You tell us what you own, who depends on you, and what you want to happen. We tell you what Hawaiʻi, law will and will not let you do about it, and what the work will cost.
Step 2: A draft you can actually read
We send a draft written in plain language, with notes explaining the choices we made and the ones we need you to make. You read it on your own time and come back with questions.
Step 3: Signing, done correctly
Execution is where most wills fail, so we walk you through it. Two witnesses, a notary for the self-proving affidavit, and specific instructions on who signs what and in whose presence. Clients on Maui, Kauaʻi, and Hawaiʻi, Island do this without flying to Oʻahu.
Step 4: Storage and a plan for updates
You get the signed original and instructions on where to keep it and who should know. We tell you which life events should bring you back to us, so the document does not quietly go stale.
Why Hawaii Clients Work With Us
Jonathan Parker has been in practice for 38 years, admitted in Florida and New Jersey in 1988 and in Hawaiʻi in 2011. He founded Parker & Maloney in 1991. He also worked in the financial industry for several years and served as a FINRA arbitrator, which is part of why the conversations here tend to be practical rather than abstract.
Two things matter most to the Hawaiʻi clients who call us. The first is that you deal with the attorney directly, not with a series of staff members. The second is that we offer flat-fee pricing wherever the work allows it, so you know the number before we start. You can read more about the firm's
background and approach on our about page.
Yanni
Jim B.
David A.
Angel
Dr. G.
Luis C.
Stephen B.
James M.
Kimo S.
Francis D.
John H.
Jim C.
Melissa F.
Jorge L.
Common Questions About Wills in Hawaii
How do I write a will in Hawaii?
Put it in writing, sign it, and have at least two witnesses sign it. Adding a notarized self-proving affidavit is optional but strongly worth doing. Most people also want an attorney involved once real property, minor children, blended families, or out-of-state assets are in the picture, because those are the situations where a generic form does the most damage.
Do I need a new will if I moved to Hawaii?
Not necessarily. Hawaii recognizes wills that were valid where you signed them. The more common reason to redo one is that your executor, your property, or your family situation changed after you moved, not that the document became invalid.
Does a will have to be notarized in Hawaii?
No. A notary is not required for a Hawaii will to be valid. Signing in front of a notary makes the will self-proving, which lets the court accept it without tracking down your witnesses later. We recommend it in every case.
Can I sign my will without coming to your office?
Yes. We handle the drafting and review remotely for clients on Oʻahu and every other island. You will still need two witnesses and a notary physically present at signing, and we give you exact instructions for arranging that where you live.
What happens if I die in Hawaii without a will?
Hawaii's intestacy statutes decide who inherits, in a fixed order that does not account for anything you would have wanted. Your estate still goes through probate. The court also chooses who administers it, and it may not be the person you would have picked.
Start Your Hawaii Will This Week
A will is one of the few legal documents where the cost of waiting is entirely borne by someone else. Tell us what you own and who you are planning for, and we will tell you what it takes and what it costs before you commit to anything.